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(영문) 의정부지방법원 2015.11.12 2014가합2133

대여금 등

Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) KRW 16,489,33, and Plaintiff-Counterclaim Defendant (Counterclaim Defendant) KRW 110,92,88, respectively.

Reasons

1. Presumed factual basis

A. On October 16, 2006, the deceased F (hereinafter “the deceased”) completed the registration of creation of a neighboring agricultural cooperative consisting of the debtor, the deceased, and the deceased, the mortgagee’s right to collateral security (hereinafter “the deceased”) and was loaned KRW 50,00,000.

B. On December 27, 2007, the Deceased completed the registration of the establishment of a mortgage on the land owned by the Deceased, J, K, L, and M as the maximum debt amount of 130,00,000,000 won, the debtor, the defendant, the mortgagee, and the mortgagee of the right to collateral security. On March 24, 2011, the Deceased completed the registration of the establishment of a mortgage on the land of I, J, and K as the maximum debt amount of 130,00,000,000, the debtor, the debtor, and the mortgagee of the right to collateral security.

The defendant was granted a loan of KRW 100,000,000 as security each of the above collateral.

C. On June 26, 2013, the Defendant issued to the Plaintiff B a written statement stating that “The Defendant provided the deceased’s land as security, borrowed KRW 100 million from the Daiju National Credit Union, and repaid the principal and interest of the loan until January 31, 2014, and released the right to collateral security on the said land, and if so, he/she will accept all the deceased’s children upon taking any responsibility.”

The Deceased died on May 14, 2013, and the Plaintiff B, C, and D inherited the deceased’s property.

On the other hand, the deceased has maintained a de facto marital relationship with N, and the defendant is N's.

[Ground of recognition] Facts without dispute, Gap 1 to 5 evidence (including paper numbers), the purport of the whole pleadings

2. Determination as to the principal lawsuit

A. There is no dispute between the parties as to the facts that the deceased borrowed KRW 50,00,000 around October 16, 2006 and lent KRW 49,468,00 to the defendant. Thus, the defendant shall pay the above money to the plaintiffs who are the deceased's property successors in proportion to their inheritance shares, barring any special circumstance.